More Images

Related Links

Local surveyor had a role in property entanglement

Bill EllzeyCorrespondent

Published: Friday, June 14, 2013 at 10:37 a.m.

Last Modified: Friday, June 14, 2013 at 10:37 a.m.

In late 1873, as New Orleans struggled to recover from effects of the Civil War, Louis Janin, an attorney specializing in property claims, addressed a formal protest to Columbus Delano, U.S. Secretary of the Interior, alleging U.S. Land Office Commissioner Willis Drummond had barred his firm from conducting its business.

Houma surveyor Valery Sulakowski was named as being involved in the case which led to Janin's difficulties.

“The contemptuous disfavor with which the Commissioner of the General Land Office treats land matters coming before him from Louisiana,” Janin said, “the offensive discourtesy with which he treats me, the oldest man and oldest lawyer practicing before him, and endeavors to injure my law firm and those citizens of Louisiana who have confidence in us, compel me to address you, his superior, for redress.”

Surveyor General E. H. Foster had approved the decision of subordinates to “deny the firm of Louis Janin abd Son access to your records and refuse to recognize them as attorneys before your office under any circumstances.”

Janin had been complaining of property surveys in New Orleans and its subdivision of Carrolton which did not take into account French and Spanish grants covering the same lands.

He characterized the survey deficiencies as intentional, aimed at selling lands into new ownership, and depriving the rightful owners. “The frauds which it is now attempted to accomplish under color of the Sulakowski and Ross survey,” Janin wrote, “are glaring.”

“I have neither the disposition nor the time at present to trace these frauds to their intended beneficiaries, but I have no doubt that United States Receiver, Julian Neville, will be found to have been selected as an associate for the purpose of preventing my exposure of the fraud in the Land Office.

“The aim of these persons is to speculate at the expense of the holders of old land titles. They know that I am the only surviving lawyer much acquainted with the titles near this city. Indeed, it is well known that I have had more professional employment in suits involving these titles than any lawyer in Louisiana.

“Commissioner Willis Drummond treats me as a criminal for venturing to question the integrity and capacity of his subordinates. But all that will not deter me from performing the part of a good citizen.

“I shall prove that the Sulakowski and Ross survey is so grossly erroneous that it would give rise to numerous law-suits (regarding) the location and condition of claims and titles that have remained undisturbed for a century.”

Janin said the “new” survey being used to perpetrate the fraud had cost just $8,000, and that experienced New Orleans surveyors insisted, considering complications introduced by existing French and Spanish grants, “such a survey, properly made, would be worth fully $50,000, and could not be finished under a number of years.”

“Mr. Foster, however, gave out the contract for much less. He found an impoverished surveyor in the Parish of Terrebonne, who, owing to the general stagnation and depression of business, had nothing to do, and was glad to undertake anything that promised him a temporary living, whether he could do the work or not.

“The name of this surveyor was Sulakowski, and he was forced to divide his pitiable fee with Foster's brother-in-law, one Ross, who is a carpenter by trade, and not a surveyor, and who was to advance to Sulakowski the necessary money. Sulakowski had not the least idea of the difficulty of the work.”

Janin did not question Sulakowski's field surveying expertise. The difficulties alluded to were in his lack of experience at locating property documents from the French and Spanish periods.

“If he had possessed the requisite knowledge, he could not honestly have undertaken it for such a price and within the time allowed for it. The money he received would not have kept him alive during half the time the work would have required to be honestly done.”

Janin cited a case in which the land office had designated tracts of land with longtime owners as vacant “swamp” land belonging to the state, then sold them to an investor named Smythe for 25 cents an acre.

“Perfect strangers to this locality, like Ross and Sulakowski, could not possibly have executed that survey properly; they would have been deficient in the necessary knowledge of the points of departure.

“The old inhabitants of these regions ... owners of land in the vicinity of New Orleans, would not have their present troubles about their titles, if this Board of Commissioners had done its duty,” making sure surveyors had consulted French and Spanish records.

“Nearly all of these titles have undergone judicial investigation. It would be criminal to allow such settlements to be disturbed by an ignorant surveyor.

“Sulakowski became gradually aware of the difficulty of getting accurate information, and in his despair, said that as he could not get it he would go on as well as he could without that information.

“He did the work at hap hazard, and having fallen out with the carpenter Ross, his associate, and being very necessitous, he finished the work as quickly as possible.

“I have no doubt that it can be proved, that Foster, the U.S. Surveyor General, is interested (has a conflict of interest) in speculations incompatible with his official duties, in conjunction with his brother, brother-in-law and other relations.”

The Courier and Daily Comet are looking for your old

photographs and the memories that go with them. In order to protect your valuable

photographs, do not send

unsolicited photographs. Instead, contact Bill Ellzey at 876-5638 and leave a message. You may also write to him at: The Courier, P.O. Box 2717, Houma, LA 70361 or contact him at bill-ellzey@att.net.

<p>In late 1873, as New Orleans struggled to recover from effects of the Civil War, Louis Janin, an attorney specializing in property claims, addressed a formal protest to Columbus Delano, U.S. Secretary of the Interior, alleging U.S. Land Office Commissioner Willis Drummond had barred his firm from conducting its business.</p><p>Houma surveyor Valery Sulakowski was named as being involved in the case which led to Janin's difficulties.</p><p>“The contemptuous disfavor with which the Commissioner of the General Land Office treats land matters coming before him from Louisiana,” Janin said, “the offensive discourtesy with which he treats me, the oldest man and oldest lawyer practicing before him, and endeavors to injure my law firm and those citizens of Louisiana who have confidence in us, compel me to address you, his superior, for redress.”</p><p>Surveyor General E. H. Foster had approved the decision of subordinates to “deny the firm of Louis Janin abd Son access to your records and refuse to recognize them as attorneys before your office under any circumstances.”</p><p>Janin had been complaining of property surveys in New Orleans and its subdivision of Carrolton which did not take into account French and Spanish grants covering the same lands.</p><p>He characterized the survey deficiencies as intentional, aimed at selling lands into new ownership, and depriving the rightful owners. “The frauds which it is now attempted to accomplish under color of the Sulakowski and Ross survey,” Janin wrote, “are glaring.”</p><p>“I have neither the disposition nor the time at present to trace these frauds to their intended beneficiaries, but I have no doubt that United States Receiver, Julian Neville, will be found to have been selected as an associate for the purpose of preventing my exposure of the fraud in the Land Office.</p><p>“The aim of these persons is to speculate at the expense of the holders of old land titles. They know that I am the only surviving lawyer much acquainted with the titles near this city. Indeed, it is well known that I have had more professional employment in suits involving these titles than any lawyer in Louisiana.</p><p>“Commissioner Willis Drummond treats me as a criminal for venturing to question the integrity and capacity of his subordinates. But all that will not deter me from performing the part of a good citizen.</p><p>“I shall prove that the Sulakowski and Ross survey is so grossly erroneous that it would give rise to numerous law-suits (regarding) the location and condition of claims and titles that have remained undisturbed for a century.”</p><p>Janin said the “new” survey being used to perpetrate the fraud had cost just $8,000, and that experienced New Orleans surveyors insisted, considering complications introduced by existing French and Spanish grants, “such a survey, properly made, would be worth fully $50,000, and could not be finished under a number of years.”</p><p>“Mr. Foster, however, gave out the contract for much less. He found an impoverished surveyor in the Parish of Terrebonne, who, owing to the general stagnation and depression of business, had nothing to do, and was glad to undertake anything that promised him a temporary living, whether he could do the work or not.</p><p>“The name of this surveyor was Sulakowski, and he was forced to divide his pitiable fee with Foster's brother-in-law, one Ross, who is a carpenter by trade, and not a surveyor, and who was to advance to Sulakowski the necessary money. Sulakowski had not the least idea of the difficulty of the work.”</p><p>Janin did not question Sulakowski's field surveying expertise. The difficulties alluded to were in his lack of experience at locating property documents from the French and Spanish periods.</p><p>“If he had possessed the requisite knowledge, he could not honestly have undertaken it for such a price and within the time allowed for it. The money he received would not have kept him alive during half the time the work would have required to be honestly done.”</p><p>Janin cited a case in which the land office had designated tracts of land with longtime owners as vacant “swamp” land belonging to the state, then sold them to an investor named Smythe for 25 cents an acre.</p><p>“Perfect strangers to this locality, like Ross and Sulakowski, could not possibly have executed that survey properly; they would have been deficient in the necessary knowledge of the points of departure.</p><p>“The old inhabitants of these regions ... owners of land in the vicinity of New Orleans, would not have their present troubles about their titles, if this Board of Commissioners had done its duty,” making sure surveyors had consulted French and Spanish records.</p><p>“Nearly all of these titles have undergone judicial investigation. It would be criminal to allow such settlements to be disturbed by an ignorant surveyor.</p><p>“Sulakowski became gradually aware of the difficulty of getting accurate information, and in his despair, said that as he could not get it he would go on as well as he could without that information.</p><p>“He did the work at hap hazard, and having fallen out with the carpenter Ross, his associate, and being very necessitous, he finished the work as quickly as possible.</p><p>“I have no doubt that it can be proved, that Foster, the U.S. Surveyor General, is interested (has a conflict of interest) in speculations incompatible with his official duties, in conjunction with his brother, brother-in-law and other relations.”</p><p>The Courier and Daily Comet are looking for your old </p><p>photographs and the memories that go with them. In order to protect your valuable </p><p>photographs, do not send </p><p>unsolicited photographs. Instead, contact Bill Ellzey at 876-5638 and leave a message. You may also write to him at: The Courier, P.O. Box 2717, Houma, LA 70361 or contact him at bill-ellzey@att.net.</p>